B. A. WAIEN AND 18 Other vs COL. EHSAN UL HAQ, CHAIRMAN, BORDER — 1972 PLD 273

Citation: 1972 PLD 273

Court: Lahore High Court

Year: 1970

Decision Date: 1970-09-15

Parties: B. A. WAIEN AND 18 Other vs COL. EHSAN UL HAQ, CHAIRMAN, BORDER COMMITTEE, LAHORE AND 5 OTERS

Headnotes

Case cited as PLD 1972 Lahore 273

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain, Sardar Muhammad Iqbal Title:B. A. WAIEN AND 18 Other vs COL. EHSAN UL HAQ, CHAIRMAN, BORDER COMMITTEE, LAHORE AND 5 OTERS Case No.: Letters Patent Appeal No. 48 of 1970 Date of Judgment:1970-09-15 Reported As: PLD 1972 Lahore 273 Result: Appeal dismissed Judgment ORDER SARDAR MUHAMMAD IQBAL, J.-This Letters Patent Appeal is directed against the order dated the 10th of February 1970 of the learned Single Judge whereby he dismissed the Writ Petition of the appellants praying that the confiscation of the land in by the Summary Military Court under paragraph 13 of Martial Law Regulation No. 49 after convicting one Mst. Nisar Fatima from whom the appellants purchased the property, be declared to be without lawful authority, and of no legal effect; and that the Chief Settlement Commissioner and the Chairman of the Border Allotment Committee be directed to refrain from interfering with the ownership and the possession of the land in dispute of the appellants. 2. The facts of the case are that Mst. Nisar Fatima was allotted about 80 kanals of evacuee land in the year 1957 near the Grand Trunk Road between the Bata Shoe Company and the Glass Factory, Lahore. She sold the land to the appellants, who are 19 in number, by five registered sale deeds executed at different times in the years 1958 and 1959 and received a sum of Rs. 50,000.00 as consideration. 3. Mst. Nisar Fatima was found to have obtained allotment without…

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